{"id":341,"date":"2018-07-09T19:42:00","date_gmt":"2018-07-09T19:42:00","guid":{"rendered":"https:\/\/onlygunsandmoney.com\/2018\/07\/09\/susan-about-that-precedent-thing\/"},"modified":"2019-08-16T18:29:10","modified_gmt":"2019-08-16T18:29:10","slug":"susan-about-that-precedent-thing","status":"publish","type":"post","link":"https:\/\/onlygunsandmoney.com\/?p=341","title":{"rendered":"Susan, About That Precedent Thing"},"content":{"rendered":"<div class='__iawmlf-post-loop-links' style='display:none;' data-iawmlf-post-links='[{&quot;id&quot;:7088,&quot;href&quot;:&quot;https:\\\/\\\/abc22now.com\\\/news\\\/connect-to-congress\\\/principled-or-posturing-sen-collins-scotus-nominee-demands-draw-skepticism&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;https:\\\/\\\/dayton247now.com&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;},{&quot;id&quot;:7089,&quot;href&quot;:&quot;https:\\\/\\\/www.politico.com\\\/story\\\/2018\\\/07\\\/01\\\/collins-abortion-roe-wade-supreme-court-689547&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;}]'><\/div>\n<p>\nSen. Susan Collins (R-ME), the dowager senator* from Maine, has said that she won&#8217;t support a Supreme Court nominee who <a href=\"https:\/\/abc22now.com\/news\/connect-to-congress\/principled-or-posturing-sen-collins-scotus-nominee-demands-draw-skepticism\" target=\"_blank\" rel=\"noopener\">might <\/a>overturn <i>Roe v. Wade<\/i>.<\/p>\n<p>From her <a href=\"https:\/\/www.politico.com\/story\/2018\/07\/01\/collins-abortion-roe-wade-supreme-court-689547\" target=\"_blank\" rel=\"noopener\">interview <\/a>a week ago on ABC&#8217;s This Week:<\/p>\n<blockquote class=\"tr_bq\"><p>\n<i>\u201cIt has been established as a constitutional right for 46 years \u2014 45 years, and was reaffirmed 26 years ago,\u201d Collins said. \u201c<b>So a nominee position, whether or not they respect precedent,<\/b> will tell me a lot about whether or not they would overturn Roe v. Wade. A candidate of this import position who would overturn Roe v. Wade would not be acceptable to me, because that would indicate an activist agenda that I don\u2019t want to see a judge have. <b>And that would indicate to me a failure to respect precedent of fundamental tenet of our judicial system.\u201d<\/b><\/i><\/p><\/blockquote>\n<p>This leads me to wonder whether Collins would have supported a nominee of a President Hillary Clinton who supported abortion but was committed to overturning both <i>Heller <\/i>and <i>McDonald<\/i>. I would be hard pressed to argue that she would not have.<\/p>\n<p>My point in not to argue one way or another on abortion but I have watched numerous judges at both the District Court and Court of Appeals level who have thumbed their nose at <i>Heller <\/i>and <i>McDonald<\/i> in the ten and eight years respectively since they&#8217;ve been decided. You could put most judges in the 4th and 9th Circuits on that list. Moreover, the right to privacy was a right that was created out of whole cloth unlike the right to keep and bear arms which is an enumerated right found in the Bill of Rights.<\/p>\n<p>Whomever President Trump announces as his nominee to replace Anthony Kennedy will presumably respect precedent. I just hope that her or she will have the gumption to say no to the lower courts who have ignored the precedent supposedly established in <i>Heller <\/i>and <i>McDonald<\/i>.<\/p>\n<p>\n* I call Collins the dowager senator because she essentially inherited the position from former Sen. William Cohen whom she had served as a staffer early in her career.<\/p>\n<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div>","protected":false},"excerpt":{"rendered":"<p>Sen. Susan Collins (R-ME), the dowager senator* from Maine, has said that she won&#8217;t support a Supreme Court nominee&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":0,"footnotes":""},"categories":[1],"tags":[699,873,874,9],"class_list":["post-341","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-presidential-nominations","tag-respect-for-precedent","tag-sen-susan-collins","tag-supreme-court"],"_links":{"self":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/341","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=341"}],"version-history":[{"count":1,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/341\/revisions"}],"predecessor-version":[{"id":11500,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/341\/revisions\/11500"}],"wp:attachment":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=341"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=341"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=341"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}